A tree fall an my vehicel during a storm who pays auto or homeowner insurance?
Question:
Answer:
Auto.
If you didn't own the tree, your auto insurance will try to collect back from the tree owner.
The homeowners insurance first, then the auto insurance if it is not covered (minus the deductible of course).
Homeowners policies NEVER EVER EVER pay for damage to cars.
You'll have to file a claim under the comprehensive section of the auto policy - that's what covers "falling objects".
Homeowners never pays damage to you auto. You can claim this damage under your auto policy.
AUTO! autos are excluded from ho policies
The auto is primary. The only way HO would pay is if it was not your tree (making you a third party claimant) and the tree was not healthy.
Your HO will never pay for damage to your auto. The other persons HO would only pay if it was determined the tree was not healthy and the homeowner neglected to care for it.
If you have comprehensive coverage on your auto policy, it would pay for the damages less your deductible.
Comprehensive coverage under the auto policy will pay for the damages. Vehicles are never covered under your own homeowners policy.
The question that needs to be answered, and should have been asked by those who are supposed to be in the know, is who owns the tree. If the tree belongs to you, your Homeonwer's policy will not cover the damage. Your auto will pay if you have Comprehensive coverage. If you don't, then you are out of luck. If the tree does not belong to you, you can sue the property owner, and their Homeowner's policy will respond under the Liability portion. Liability under a Homeowner's policy covers Personal and Premises liability, and this portion does NOT exclude damage to automobiles.
Auto Auto Auto!
If it was your tree and it fell on your car, it would totally be your automobile policy. Your comprehensive coverage would pick this up, provided that you have this coverage.
If your neighbor's tree fell on your car, your auto policy would still be the one to pay. They call this scenario an "Act of God." A homeowners insurance policy would not cover such a claim, as you are not liable for your trees. However, prior to the tree falling, if you notified your neighbor numerous times and provided a Certified Letter warning of potential danger from their tree that needed to be trimmed or removed, then their homeowners insurance policy could be held responsible.
Who owns the tree? If it's in your yard, your auto policy covers it under comprehensive, which covers acts of nature (like storms). If it's not your tree, like say, it's on your neighbor's lot and fell across onto your car which was parked on your lots, then THEIR homeowner's pays it.
Assuming you have comprehensive coverage on your car, it will pay for the damage caused by the tree. If the tree is not your tree but your neighbors and you can prove they were negligent in the upkeep/maintenance of the tree, their HO policy will reimburse your auto insurance for the damages. If it's your tree, too bad--you can not recover from yourself in a situation like this.
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